Terms of Use

This web site (“web site” or “site”) is owned and operated by the Sperian Protection Group. Throughout the site, the terms “Sperian Protection Group,” “Sperian Protection,” “we,” “us,” and “our” refer to Sperian Protection S.A. and its affiliates and subsidiaries. If you do not agree to these Terms of Use, you may not use this site. Access to this site and the use of its contents are subject to the conditions described below. By using this site, you agree to abide by all of its terms.

Use of Materials from this Web Site

This web site and all of its contents (including but not limited to software, files, graphics and data) are the property of and owned by the Sperian Protection Group and are protected by copyright, trademark and other laws of France, the United States and other countries. You may display and electronically copy, download and print hard copy portions of the materials contained on the site, provided that you do not modify or delete any copyright, trademark or other proprietary notice that appears on the materials you copy, download or print. When you display, copy, download, or print any materials on or from the site, they are provided to you by the Sperian Protection Group under a license that is revocable. In particular, the Sperian Protection Group may revoke such license, at any time without notice or liability, if, in our sole judgment, you breach any term or condition of this agreement. The Sperian Protection Group retains full and complete title to the materials and to any and all of the associated intellectual property rights. Any other use of the materials on the site, including but not limited to the modification, distribution, transmission, performance, broadcast, reproduction, publication, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any materials, information, software, products or services obtained from the site, without the prior written authorization of the Sperian Protection Group, is expressly prohibited.

Trademarks and Copyrights

This site features trademarks, service marks and other logos that are the property of the Sperian Protection Group. The site may also include trademarks, service marks or logos of other third parties. All of these trademarks, service marks and logos are the property of their respective owners, and you agree not to use them in any manner without the prior written permission of the applicable owner. This site and all of its contents, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of France, the United States and, if relevant, other countries.

Accuracy, Completeness and Timeliness of Information on the Site

The Sperian Protection Group uses reasonable efforts to help make sure the information posted on this site is accurate, complete and current. We cannot, however, guarantee, and are not responsible for ensuring, the accuracy, completeness or timeliness of the information available on the site. The materials on the site are provided for general information only and should not be relied upon or used as the sole basis for making significant decisions without consulting primary or more accurate, more complete or more timely sources of information. Any reliance upon the materials on this site will be at your own risk. This site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. Subject to applicable local regulations, we reserve the right, at any time without notice or liability, to terminate, suspend or discontinue any aspect of this site, or to modify the contents of this site, but we have no obligation to update any information on this site. You agree that it is your responsibility to monitor changes to the site.

Materials and Other Communications You Submit

You acknowledge that you are responsible for any submission you make, including the legality, reliability, appropriateness, originality and copyright of any such materials. You may not upload to, distribute, or otherwise publish through the site any content that is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content onto the site. Subject to any applicable law, and to the requirements of our Privacy Notice, any communications sent by you via this site or otherwise to the Sperian Protection Group are submitted on a non-confidential basis, and the Sperian Protection Group is under no obligation to refrain from reproducing, publishing, modifying or otherwise using them in any way or for any purpose. Subject to applicable local regulations, the Sperian Protection Group shall be free to use the content of any such communication, including without limitation any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose including without limitation developing, manufacturing and/or marketing goods and services. You agree not to assert any ownership right of any kind in such communications (including without limitation copyright, trade-mark, patent, unfair competition, moral rights or implied contract) and you hereby waive the right to receive any financial or other consideration in connection with such communications, including without limitation acknowledgment of you as the source of such communications. For greater certainty, this paragraph does not apply to any personal information that you provide via this site or otherwise to the Sperian Protection Group. For terms and conditions governing the collection, use and disclosure of such information, please refer to the section herein entitled “Privacy Notice”.

Links to Other Sites

This site may provide access to other Internet web sites. The Sperian Protection Group does not control these sites, and you access them solely at your own risk. The Sperian Protection Group also does not endorse or approve any products or information offered at sites you reach through this site. Check the URL address provided in your web browser to determine whether you are still in this web site or have moved to another web site. The Sperian Protection Group is not liable or responsible for the content of any site that links to this site.

Privacy Notice

Any of your personal information that we collect via this site is subject to our Privacy Notice and Privacy Policy, the terms of which are incorporated into these Terms of Use.

Disclaimers

YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR ANY PART THEREOF AT ANY TIME. THE SPERIAN PROTECTION GROUP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE, TIMELY, CORRECT, ADEQUATE, USEFUL OR RELIABLE. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SPERIAN PROTECTION GROUP OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND.

IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER THE SPERIAN PROTECTION GROUP NOR ANY OF ITS AFFILIATES, SUBSIDIARIES OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OF OR INABILITY TO USE THIS SITE OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF ELECTRONIC MAIL MESSAGES YOU SEND US. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE ARISE OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS OR MATERIALS AVAILABLE FROM THIS SITE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend and hold harmless the Sperian Protection Group and any of its affiliates, subsidiaries, officers, directors, employees, agents, licensors, distributors and suppliers from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from any violation of these Terms of Use or any activity related to your Internet account (including but not limited to negligent or wrongful conduct), by you or any other person accessing the site using your Internet account. If you cause a technical disruption of the site or the systems transmitting the site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption.

Changes to these Terms of Use

We reserve the right, at our complete discretion, to change these Terms of Use at any time by posting revised terms on the site. It is your responsibility to check periodically for any changes we may make to these Terms of Use. Your continued use of this site following the posting of changes to these Terms of Use means you accept the changes.

Choice of Law

The laws of the State of Rhode Island in the United States govern these Terms of Use and your use of the site. This site has been designed to comply with the laws of the State of Rhode Island and the United States. The businesses conducted by the Sperian Protection Group operate in various countries throughout the world. If any material on this site, or your use of the site, is contrary to the laws of the place where you are when you access it, then the site is not intended for you, and we ask you not to use the site. You may not use or export materials on or from this site in violation of United States or other relevant export laws and regulations. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

Arbitration

Any and all disputes arising out of the use of this site will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in the State of Rhode Island in the United States in English and governed by Rhode Island law. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in the United States and is independent of either party. Notwithstanding the foregoing, in respect of any matter relating to the enforcement of intellectual property rights and the protection of confidential information, each party may pursue remedies, including injunctive or equitable relief, in which circumstance the parties hereby agree to submit to the jurisdiction of the courts of Rhode Island and to waive any objections based on venue in any such action, suit or proceeding.

Miscellaneous

If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place. This is the entire agreement between you and the Sperian Protection Group regarding all aspects of your use of this site.